Archive for the ‘Articles’ Category

How to Dispose of a House in a Florida Divorce

Tuesday, July 31st, 2012

Divorce is very complex and involves numerous issues that each spouse needs to deal with. The most difficult aspect of a divorce is dividing the marital assets and debts. Of the various tasks that a divorcing couple faces when dividing their marital assets and debt, disposing the former marital residence can be one of the most complicated. While a home may be worth a lot of money and constitute the couple’s largest asset, the home is often encumbered with a mortgage, causing the division a much harder task. But with the assistance of an experienced Sarasota divorce attorney, this task can proceed more smoothly and efficiently.

You and your spouse will have four options with regard to dealing with your home and mortgage in the divorce proceeding. It is critical that you clearly understand what each of these four options entail prior to making a decision. A qualified Sarasota divorce lawyer can provide you with the necessary information you need to determine what the best choice is for you.

  • Sell the house and split the profits. The primary goal for this option is to sell the property as quickly as possible for as high of a price as possible, depending on your circumstance.
  • Buy the house from your spouse. Many factors must be taken into consideration for this option, such as whether you can afford it on your own salary and whether you can refinance on your own to have the mortgage solely in your name (if it was not already).
  • Sell your equity in the house to your spouse.  If you choose this option, it is important that you make sure you are no longer on the title. You should either check with an experienced Sarasota divorce attorney or your tax consultant to determine if there are tax implications.
  • Maintain joint ownership. You may choose to delay the decision regarding the ultimate possession of the house for a specific time period, with one of you remaining as a resident.

An Experienced Sarasota Divorce Lawyer Can Help

It takes a qualified attorney to address complex property division issues in Florida. One of the top divorce attorneys in Sarasota is located at the Law Offices of Matthew Z. Martell, P.A. He will explain property division in detail and provide you with all of your options so that you can choose the best option for your circumstances.

For more information or to schedule an appointment with a Sarasota divorce lawyer, please contact the Law Offices of Matthew Z. Martell, P.A. at (941) 556-7020.


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Sarasota Divorce Attorney, Divorce- Weather the Storm

Wednesday, June 27th, 2012

Divorce: Weather the Storm

When you find yourself facing divorce, trusting a qualified Sarasota family law attorney should be your first step in weathering the storm. Just as important, you also need to consider what is important in your life and how to preserve it.

Divorce is a trying time of stress and uncertainty. Rather than burying yourself in a hole or engaging in activities that you may later regret, use this opportunity to define yourself and your life going forward. You are starting a new chapter in your life, so utilize the correct tools to help fill the pages with good content. With proper counsel and good advice that can only be provided by an experienced Sarasota family law attorney, the stress and uncertainty of divorce can be minimized and positive opportunities can be capitalized upon to assist you in reaching your goals for you and your children.

Below are a few pointers that you should keep in mind during your divorce proceedings:

Do Not Alienate Your Family Members

One of the most delicate aspects of a divorce proceeding is not alienating your family members. You should be considerate of their efforts to help you during this difficult part of your life. However, on the same token, you should also be careful that the advice they give you may not always be in your best interest. Take every piece of advice from your loving family members with a grain of salt and discuss your options with a qualified Sarasota divorce attorney prior to making a decision.

Treat Your Spouse with Respect

If you and your spouse had children during your marriage, it is crucial that you treat each other with respect during and after your divorce. You two will be parents forever, meaning that you will have a relationship for the rest of your lives. Co-parenting is not an easy task, and it will only be that much harder if you have made an enemy of your spouse.

Take Care of Your Finances

Divorce proceedings are hardest with respect to finances, especially if a dual income family is now down to one. As such, you need to make sure you are very cautious when it comes to your finances. Before you spend any money on luxuries, you need to make sure you have made the payments on the necessaries, such as your car, mortgage, and medical bills. If you need help or advice with your finances, it is in your best interest to only consult with an experienced Sarasota divorce attorney.

Only a Sarasota Divorce Attorney Can Help

Only an experienced Sarasota divorce attorney will understand how difficult and stressful divorce proceedings can be. Sarasota divorce lawyer Matthew Z. Martell  will not only be your legal representative who will ensure you get your fair share, but he will also provide you with the emotional and mental support that you need throughout this entire process.

To schedule a consultation with a qualified Sarasota divorce attorney, please contact Matthew Z. Martell at (941) 556-7020.


Coping with Loss in a Divorce

Wednesday, June 27th, 2012
One may be surprised at the many ways a qualified Sarasota divorce attorney can be of benefit during the divorce process. Not all assistance necessarily takes the form of legal work; indeed, attorneys recognize that clients generally experience emotional difficulties coping with the loss of such a significant relationship, and will often refer them to qualified experts for help.

The noted psychologist Elizabeth Kubler Ross literally wrote the book on dealing with loss in her work On Death and Dying. While her focus was primarily on terminal illness, the ideas she laid out apply to people experiencing loss in general. Her six stages of grief, then, can help a person facing loss in a divorce understand why they are feeling a particular way, especially if it just doesn’t seem to make sense.

The Six Stages of Grief

The six stages and examples of how they may be manifested for a divorcing spouse are:

  • Shock – “How can this be? I thought we were happy together!”
  • Denial – “She doesn’t mean it. She’s still angry about the fight we had.”
  • Anger – “He wants a divorce? Fine! I’m taking the house and everything in it, including the kids!”
  • Bargaining – “Wouldn’t it be better to wait? Don’t you think we should give our marriage one more chance?”
  • Depression – “My whole life is over. How will I ever go on?”
  • Acceptance – “It’s over, and that’s that. Time to put together a new life for myself.”

While the order of these stages is purposeful, the grieving process is not linear. A person may begin initially with bargaining, then move to shock, and then get mired in anger. Moreover, a person who has arrived at the acceptance stage may receive news that the other parent, say, is taking the children out of state during a normal visitation time, and move back into anger. The goal, however, is to realize that however one is feeling, it is a natural part of coping with loss and grief.

Coping With Your Divorce

It is also important to understand that there is no way to accelerate the process of coping. It can be impeded, however. One may even find himself entrenched in one stage; this is where a counselor can be particularly helpful.

Divorce is a nearly always a difficult and emotionally challenging process. If you are going through a divorce, it is important to have strong legal assistance to make sure your rights are protected. Contact an experienced Sarasota divorce attorney at the Law Offices of Matthew Z. Martell, P.A. for a consultation today.